Board of Commissioners - Board of Commissioners Meeting

CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY BOARD OF COMMISSIONERS : : TRANSCRIPT OF RECORDED REGULAR MEETING : _ : PROCEEDINGS Early Childhood Education Center 2200 Kennedy Boulevard Union City, New Jersey April 1, 2014 Commencing at 7:03 p.m. M E M B E R S P R E S E N T: BRIAN P. STACK, MAYOR LUCIO P. FERNANDEZ, COMMISSIONER MARYURY A. MARTINETTI, COMMISSIONER CELIN VALDIVIA, COMMISSIONER TILO E. RIVAS, COMMISSIONER M E M B E R S A B S E N T: A L S O P R E S E N T: DOMINICK CANTATORE, ACTING CITY CLERK SCARINCI HOLLENBECK BY: CHRISTINE M. VANEK, ESQ. Corporation Counsel GREGORY T. FARMER, ESQ. Attorney for the Union City Alcohol Beverage Control Commission  2 I N D E X PAGE CALL TO ORDER 3 SALUTE TO FLAG 3 ROLL CALL 4 APPROVAL OF MINUTES 4 CONSENT AGENDA 5 REGULAR AGENDA 12,14 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD 16 LIQUOR LICENSE TRANSFER HEARING 18,23 ADJOURNMENT 23  3 1 ACTING CITY CLERK: Okay, this is a Regular 2 Public Meeting of the Union City Board of 3 Commissioners, being held on Tuesday, April 1st, 4 2014, at seven p.m., at the Early Childhood 5 Education Center, 2200 Kennedy Boulevard, Union 6 City, New Jersey. 7 Would everyone rise for the Pledge of 8 Allegiance of the flag? 9 10 (Whereupon, the Pledge of Allegiance was 11 said by all.) 12 13 ACTING CITY CLERK: This meeting has been 14 called in accordance with Chapter 231, Public Law 15 of 1975, the Open Public Meeting Act. 16 Adequate notice of this meeting has been 17 provided as follows: 18 Notice of this meeting set forth the time, 19 date, location, and the agenda, to the extent 20 known, was forwarded to The Jersey Journal, The 21 Record and The Hudson Reporter, has been posted 22 on the bulletin board in City Hall and has been 23 made available to the public in the office of 24 Municipal Clerk. 25  4 1 ROLL CALL: 2 3 ACTING CITY CLERK: Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Here. 6 ACTING CITY CLERK: Commissioner Rivas? 7 COMMISSIONER RIVAS: Here. 8 ACTING CITY CLERK: Commissioner Valdivia? 9 COMMISSIONER VALDIVIA: Here. 10 ACTING CITY CLERK: Commissioner 11 Martinetti? 12 COMMISSIONER MARTINETTI: Here. 13 ACTING CITY CLERK: Mayor Stack? 14 MAYOR STACK: Here. 15 16 APPROVAL OF PREVIOUS MEETING MINUTES OF 17 MARCH 4,2014 AND MARCH 11,2014: 18 19 ACTING CITY CLERK: The first item on the 20 agenda this evening is the approval of the 21 previous meeting minutes. 22 Motion must be duly made and seconded that 23 the meeting minutes of the Board of Commissioner 24 Meeting held on March 4th and March 11th, 2014, be 25 approved and recorded.  5 1 COMMISSIONER MARTINETTI: Motion. 2 ACTING CITY CLERK: Is there a motion to 3 approve? 4 COMMISSIONER MARTINETTI: Motion. 5 COMMISSIONER VALDIVIA: Second. 6 ACTING CITY CLERK: Motion made by 7 Commissioner Martinetti. 8 Second; Commissioner Valdivia. 9 Roll call. 10 Commissioner Fernandez? 11 COMMISSIONER FERNANDEZ: Yes. 12 ACTING CITY CLERK: Commissioner Rivas? 13 COMMISSIONER RIVAS: Yes. 14 ACTING CITY CLERK: Commissioner Valdivia? 15 COMMISSIONER VALDIVIA: Yes. 16 ACTING CITY CLERK: Commissioner 17 Martinetti? 18 COMMISSIONER MARTINETTI: Yes. 19 ACTING CITY CLERK: Mayor Stack? 20 MAYOR STACK: Yes. 21 22 CONSENT AGENDA: 23 24 ( 1) Resolution Approving the Payment of Claims 25 ( 2) Resolution Approving the Payment of  6 1 Concurring Claims 2 ( 3) Resolution Approving the City Payroll for 3 the Period of March 11, 2014 through March 24, 4 2014 5 ( 4) Resolution Approving the Library Payroll 6 for the Period of March 11, 2014 through March 7 24, 2014 8 ( 5) Resolution Confirming Disciplinary Action 9 Against Liquor License No. 0910-33-119-004 held 10 by Park Avenue Bar & Grill t/a Park Avenue Bar & 11 Grill LLC., 3417 Park Avenue 12 ( 6) Resolution Confirming Disciplinary Action 13 against Liquor License No. 0910-33-108-004 held 14 by Uno Bar t/a Dolores Castro, 3607 New York 15 Avenue 16 ( 7) Resolution Confirming Disciplinary Action 17 against Liquor License No. 0910-33-149-005 held 18 by Adoro Café and Lounge t/a A & C Corp., 414 38 th 19 Street 20 ( 8) Resolution Re-appointing Librero (sic) 21 Marotta to the North Hudson Sewer Authority 22 ( 9) Resolution Appointing Members to the Union 23 City Feral Cat Advisory Committee 24 (10) Resolution Authorizing Application from the 25 New Jersey Division of Highway Traffic for the  7 1 Distracted Driving Crackdown Grant 2 (11) Resolution Designating Loading Zone in the 3 City of Union City 4 (12) Resolution Authorizing the City Clerk to 5 Advertise for Bids for the 2014 Summer Food 6 Service Program 7 (13) Resolution Authorizing the Award of a 8 Contract to Business Accounting Services, LLC 9 (14) Resolution Rejecting All Bids for the 10 Resurfacing of Duarte Park 11 (15) Resolution Authorizing the Refund of 12 Premium Monies Collected at the Tax Sale 13 (16) Resolution Authorizing Refund of Redemption 14 Monies to Outside Lienholders 15 (17) Resolution Cancelling Added Assessment Bill 16 (18) Resolution Cancelling Taxes on Property 17 Erroneously Assessed 18 (19) Any other matter of City business that may 19 arise 20 21 ACTING CITY CLERK: The next item on the -- 22 the next item is the Consent Agenda. There are 23 18 items this evening. 24 They are as follows: 25 Item 1.  8 1 Resolution Approving the Payments of 2 Claims. 3 Item 2. 4 Resolution Approving the Payments of 5 Concurring Claims. 6 Item 3. 7 Resolution Approving the City Payroll for 8 the Period of March 11, 2014 through March 24 th, 9 2014. 10 Item 4. 11 Resolution Approving the Library Payroll 12 for the Period of March 11, 2014 through March 13 24th, 2014. 14 Item 5. 15 Resolution Confirming Disciplinary Action 16 Against Liquor License number 0910-33-119-004 17 held by Park Avenue Bar and Grill, also known as 18 Park Avenue Bar and Grill LLC, 3417 Park Avenue. 19 Item 6. 20 Resolution Confirming Disciplinary Action 21 against Liquor License number 0910-33-108-004 22 held by Uno Bar, also known as Dolores Castro, 23 3607 New York Avenue. 24 Item number 7. 25 Resolution Confirming Disciplinary Action,  9 1 Liquor License number 0910-33-149-005 held by 2 Adoro Café also known -- and Lounge, also known 3 as A and C Corp., 414 38th Street. 4 Item number 8. 5 Resolution Re-appointing Libero Marotta to 6 the North Hudson Sewer Authority. 7 Item number 9. 8 Resolution Appointing Members of the Union 9 City Feral Cat Advisory Committee. 10 Item 10. 11 Resolution Authorizing Application for the 12 New Jersey Division of Highway Traffic for the 13 Distracted Driving Crackdown Grant. 14 Item 11. 15 Resolution Designating Loading Zone in the 16 City of Union City. 17 Item 12. 18 Resolution Authorizing the City Clerk to 19 Advertise for Bids for 2014 Summer Food Service 20 Program. 21 Item 13. 22 Resolution Authorize the Award of a 23 Contract to Business Accounting Service, LLC for 24 accounting services. 25 Item 14.  10 1 Resolution Rejecting All Bids for the 2 Resurface of Duarte Park. 3 Item 15. 4 Resolution Authorizing the Refund of 5 Premium Money Collected at the Tax Sale. 6 Item 16. 7 Resolution Authorizing Refund of Redemption 8 Money to Outside Lienholders. 9 Item 17. 10 Resolution Cancelling Added Assessment 11 Bill. 12 Item 18. 13 Resolution Cancelling Taxes on Property 14 Erroneously Assessed. 15 Does the Mayor wish to take public comment 16 at this time? 17 MAYOR STACK: Anyone wishing to comment on 18 the Consent Agenda, please step forward, state 19 your name and address for the record. 20 Seeing none, Mr. Clerk. 21 ACTING CITY CLERK: None. Okay. 22 Is there a motion to close public comment? 23 COMMISSIONER RIVAS: Motion. 24 COMMISSIONER MARTINETTI: Second. 25 ACTING CITY CLERK: Motion made by  11 1 Commissioner Rivas. 2 Second by Commissioner Martinetti. 3 Roll call. 4 Commissioner Fernandez? 5 COMMISSIONER FERNANDEZ: Yes. 6 ACTING CITY CLERK: Commissioner Rivas? 7 COMMISSIONER RIVAS: Yes. 8 ACTING CITY CLERK: Commissioner Valdivia? 9 COMMISSIONER VALDIVIA: Yes. 10 ACTING CITY CLERK: Commissioner 11 Martinetti? 12 COMMISSIONER MARTINETTI: Yes. 13 ACTING CITY CLERK: Mayor Stack? 14 MAYOR STACK: Yes. 15 ACTING CITY CLERK: Is there a motion on 16 all item -- to approve all items on the Consent 17 Agenda? 18 COMMISSIONER VALDIVIA: Motion. 19 ACTING CITY CLERK: Motion made by 20 Commissioner Valdivia. 21 COMMISSIONER RIVAS: Second. 22 ACTING CITY CLERK: Second by Commissioner 23 Rivas. 24 Roll call. 25 Commissioner Fernandez?  12 1 COMMISSIONER FERNANDEZ: Yes, with the 2 except -- 3 ACTING CITY CLERK: Commissioner Rivas? 4 COMMISSIONER FERNANDEZ: Yes, with the 5 exception of number 2, as it pertains to the 6 Union City Redevelopment Agency. 7 Otherwise, yes. 8 ACTING CITY CLERK: Okay. 9 Commissioner Rivas? 10 COMMISSIONER RIVAS: Yes. 11 ACTING CITY CLERK: Commissioner Valdivia? 12 COMMISSIONER VALDIVIA: Yes. 13 ACTING CITY CLERK: Commissioner 14 Martinetti? 15 COMMISSIONER MARTINETTI: Yes. 16 ACTING CITY CLERK: Mayor Stack? 17 MAYOR STACK: Yes. 18 19 REGULAR AGENDA: 20 21 1. Resolution Approving the Redevelopment 22 Agency Payroll for the Period of March 11, 2014 23 through March 24, 2014 24 25 ACTING CITY CLERK: The third -- the third  13 1 item on the agenda is the Regular Agenda. There 2 are two items on the Regular Agenda. 3 First item is a Resolution Approving the 4 Redevelopment Agency Payroll for the Period of 5 March 11, 2014 through March 24th, 2014. 6 MS. VANEK: Mayor, for the record, we 7 recommend that Commissioner Fernandez recuse from 8 this matter. 9 COMMISSIONER MARTINETTI: Motion. 10 COMMISSIONER RIVAS: Second. 11 ACTING CITY CLERK: Okay, motion made by 12 Commissioner Martinetti. 13 Second by Commissioner Rivas. 14 Roll call. 15 Commissioner Fernandez; recusing. 16 Commissioner Rivas? 17 COMMISSIONER RIVAS: Yes. 18 ACTING CITY CLERK: Commissioner Valdivia? 19 COMMISSIONER VALDIVIA: Yes. 20 ACTING CITY CLERK: Commissioner 21 Martinetti? 22 COMMISSIONER MARTINETTI: Yes. 23 ACTING CITY CLERK: Mayor Stack? 24 MAYOR STACK: Yes. 25  14 1 REGULAR AGENDA: 2 3 2. Resolution of the Board of Commissioners of 4 the City of Union City Granting the Person to 5 Person and Place to Place Transfers of Liquor 6 License #0910-33-126-006 7 8 ACTING CITY CLERK: Second item is the 9 Resolution of the Board of Commissioners of the 10 City of Union City Granting the Person to Person 11 and Place to Place Transfer of Liquor License 12 number 0910-33-126-006. 13 MS. VANEK: Mayor, for the record we 14 recommend that Commissioner Martinetti recuse 15 from this item. 16 MAYOR STACK: Which -- what’s the location? 17 MS. VANEK: This is the hearing that we had 18 at the last Commissioner meeting where we were 19 transferring the license to Sol Chicken -- 20 MAYOR STACK: Oh, I’m sorry. It was 2903 21 Bergenline. 22 Just maybe going forward, just for more 23 information on the agenda, if we could just put 24 the address. 25 I know we never did it before but I think  15 1 it might be a good idea just to put the address 2 down where we’re transferring it maybe from and 3 to. 4 ACTING CITY CLERK: Okay. 5 MAYOR STACK: Okay? 6 ACTING CITY CLERK: Put the address for 7 next meeting. 8 MAYOR STACK: Yes. 9 I remember we had a hearing on it; Sol 10 Chicken. 11 ACTING CITY CLERK: Right. 12 MAYOR STACK: I’ll make a motion. 13 ACTING CITY CLERK: Motion made by Mayor 14 Stack. 15 COMMISSIONER FERNANDEZ: Second. 16 COMMISSIONER VALDIVIA: Second. 17 ACTING CITY CLERK: Second by Commissioner 18 Rivas. 19 Roll call. 20 Commissioner Fernandez? 21 COMMISSIONER FERNANDEZ: Yes. 22 ACTING CITY CLERK: Commissioner Rivas? 23 COMMISSIONER RIVAS: Yes. 24 ACTING CITY CLERK: Commissioner Valdivia? 25 COMMISSIONER VALDIVIA: Yes.  16 1 ACTING CITY CLERK: Commissioner 2 Martinetti’s recusing. 3 Mayor Stack? 4 MAYOR STACK: Yes. 5 6 OPPORTUNITY FOR CITIZENS TO ADDRESS THE BOARD: 7 8 ACTING CITY CLERK: Does the Mayor wish to 9 take public comment at this time? 10 MAYOR STACK: Sure. 11 Anyone wishing to comment at this time, 12 please step forward, state your name and address 13 for the record. 14 Seeing none. 15 ACTING CITY CLERK: Okay, is there a motion 16 -- is there a motion to close public comment -- 17 COMMISSIONER MARTINETTI: Second. 18 ACTING CITY CLERK: -- portion of the 19 meeting? 20 Motion made by Commissioner Martinetti. 21 COMMISSIONER RIVAS: I’ll second. 22 ACTING CITY CLERK: Second by Commissioner 23 Rivas. 24 Roll call. 25 Commissioner Fernandez?  17 1 COMMISSIONER FERNANDEZ: Yes. 2 ACTING CITY CLERK: Commissioner Rivas? 3 COMMISSIONER RIVAS: Yes. 4 ACTING CITY CLERK: Commissioner Valdivia? 5 COMMISSIONER VALDIVIA: Yes. 6 ACTING CITY CLERK: Commissioner 7 Martinetti? 8 COMMISSIONER MARTINETTI: Yes. 9 ACTING CITY CLERK: Mayor Stack? 10 MAYOR STACK: Yes. 11 I would just like to publicly thank the 12 Commissioners for moving the meetings all around 13 the City. Each meeting is held in a different 14 neighborhood and a hundred percent of our 15 meetings are moved throughout the community. 16 I’d just like to thank the Commissioners 17 for keeping up with that tradition and keeping 18 the public informed of where we are, sending out 19 notices to residents where we are. I think we 20 probably have the best attendance among -- 21 whether it’s Commission meetings, Public Safety 22 meetings, Mobile Mayor’s Office and we do 23 appreciate the public’s participation. 24 So those of you that are here this evening 25 also thank you very much for being here.  18 1 LIQUOR LICENSE TRANSFER HEARING: 2 3 APPLICATION FOR PERSON TO PERSON TRANSFER OF 4 LIQUOR LICENSE NO. 0910-44-026-011 OWNED BY LOS 5 LAURELES LIQUORS TO BE TRANSFERRED TO RADHE 6 KRISHNA CORP. II, LOCATED AT 4625 BROADWAY 7 8 ACTING CITY CLERK: That’s all on the 9 agenda. 10 We have Liquor License Transfer Hearing. 11 MAYOR STACK: Sure. 12 Mr. Farmer? 13 MR. FARMER: Yes. 14 MS. VANEK: Mayor, these don’t involve Mr. 15 Farmer. 16 These are -- 17 MAYOR STACK: Oh, I’m sorry. 18 MS. VANEK: These are applications for 19 transfers. 20 The first one is an Application for a 21 Person to Person Transfer of Liquor License 22 number 0910-44-026-011. 23 It’s presently owned by Los Laureles 24 Liquors and it’s proposed to be transferred to 25 Radhe Krishna Corp. II, located at 4625 Broadway.  19 1 The license isn’t moving as to location; 2 it’s just proposed to be transferred to a 3 different company. 4 Mr. Blanch? 5 MS. DILLON: Over here please. 6 MAYOR STACK: Just if you could -- 7 MR. BLANCH: Thank you. 8 Mario Blanch on behalf of Los Laureles. 9 With me tonight I have Roberto Rodriguez. 10 He’s the sole shareholder of the corporation, 11 which is Los Laureles Liquors, Inc. 12 MR. SKOLNICK: Good evening. Eliot 13 Skolnick, appearing for the Law Office of Carmen 14 Mendiola. 15 I’m here with Mr. Ronik Patel (phonetic), 16 who’s the sole owner of the transferee who’s 17 seeking to obtain the license at that location, 18 Radhe Krishna, II, Corporation. 19 MR. BLANCH: The transfer’s a basic 20 transfer -- 21 MS. DILLON: Just step forward, Mr. Blanch, 22 please. 23 MR. BLANCH: Sorry. 24 Thank you. 25 Transfer’s a basic transfer. The purchase  20 1 price was $200,000.00. It’s not moving 2 locations. 3 My client, I guess, has no longer interest 4 in owning a liquor store at this point. 5 The sale price was $200,000.00. It’s 6 seller financed $50,000.00. So, it’s a hundred 7 fifty thousand dollars down and fifty thousand 8 dollars -- 9 It’s a basic transaction. Nothing very 10 special about it. 11 MAYOR STACK: The one thing that the 12 Commissioners and I would like, along with the 13 Police Department, is that their door be kept 14 closed, especially in the summertime. The doors 15 be kept closed. No hanging out in front of the 16 establishment. And just respect the people who 17 live in the neighborhood by following the rules 18 and, of course, proofing every -- every 19 individual that comes in that could be under the 20 age of 21 years old. 21 MR. SKOLNICK: Certainly. 22 In other words that during the hours of 23 business that the door would remain closed, 24 although not locked. 25 MAYOR STACK: Exactly. Not open. Right.  21 1 MR. SKOLNICK: I don’t think that would be 2 any problem. 3 MAYOR STACK: All right. Great. 4 MS. VANEK: Mayor, just one thing for the 5 record. Is the transfer to be effective 6 immediately or at a future date? 7 MR. BLANCH: Immediately. 8 MAYOR STACK: Okay. 9 Anyone in the audience looking to comment 10 on this? 11 Seeing none. 12 COMMISSIONER MARTINETTI: Motion. 13 ACTING CITY CLERK: Is there a motion 14 application? 15 Motion made by -- 16 MAYOR STACK: Motion. 17 ACTING CITY CLERK: -- Commissioner 18 Martinetti. 19 COMMISSIONER VALDIVIA: Second. 20 ACTING CITY CLERK: Second by Commissioner 21 Valdivia. 22 Roll call. 23 Commissioner Fernandez? 24 COMMISSIONER FERNANDEZ: Yes. 25 ACTING CITY CLERK: Commissioner Rivas?  22 1 COMMISSIONER RIVAS: Yes. 2 ACTING CITY CLERK: Commissioner Valdivia? 3 COMMISSIONER VALDIVIA: Yes. 4 ACTING CITY CLERK: Commissioner 5 Martinetti? 6 COMMISSIONER MARTINETTI: Yes. 7 ACTING CITY CLERK: Mayor Stack? 8 MAYOR STACK: Yes. 9 MR. BLANCH: Okay. 10 Thank you. 11 MAYOR STACK: Thank you very much. 12 MR. SKOLNICK: Thank you. 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25  23 1 LIQUOR LICENSE TRANSFER HEARING: 2 3 APPLICATION FOR A PLACE TO PLACE TRANSFER OF 4 INACTIVE LIQUOR LICENSE NO. 0910-32-171-007 OWNED 5 BY HARE OM, INC. TO BE TRANSFERRED TO YUNARIS 6 LIQUORS AND NISHA PATEL, LOCATED 3196 JOHN F. 7 KENNEDY BOULEVARD 8 9 MS. VANEK: And Mayor, with respect to the 10 next application, it’s my understanding that 11 that’s going to be moved to the next Commissioner 12 meeting, April 15th. 13 MAYOR STACK: That’s adjourned till the 14 next meeting. 15 MS. VANEK: Yes. 16 MAYOR STACK: Great. 17 18 * * * 19 20 ADJOURNMENT: 21 22 ACTING CITY CLERK: There are no further 23 matters before the Board. 24 Would you -- 25 Is there a motion to adjourn?  24 1 MAYOR STACK: Motion. 2 COMMISSIONER MARTINETTI: Second. 3 ACTING CITY CLERK: Motion made by Mayor 4 Stack. 5 Second by Commissioner Martinetti. 6 All in favor? 7 8 (Whereupon, there was a chorus of ayes.) 9 10 MAYOR STACK: Thank you very much everyone. 11 12 (Whereupon, the proceedings were concluded 13 at 7:15 p.m.) 14 15 16 17 18 19 20 21 22 23 24 25  25 1 ________________________ Brian P. Stack 2 ________________________ Lucio P. Fernandez 3 ________________________ Maryury A. Martinetti 4 ________________________ Celin Valdivia 5 ________________________ Tilo E. Rivas 6 Board of Commissioners 7 8 Attest: 9 Dominick Cantatore, 10 Acting City Clerk 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  26 1 STATE OF NEW JERSEY: 2 : 3 COUNTY OF ESSEX : 4 5 I, KAREN A. MARINO, assigned transcriber, 6 do hereby affirm that the foregoing is a true and 7 accurate transcript in the matter of the REGULAR 8 MEETING of the UNION CITY BOARD OF COMMISSIONERS, 9 held on Tuesday, April 1, 2014, and digitally 10 recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored and Proofread by: Deborah Dillon